Comprehensive Zoning Code Review

String these four words together, Comprehensive Zoning Code Review, and watch the insomniacs start to doze off. Even the acronym, CZCR, is an alliteration for snoring but after watching the community wrestle with the Sheetz proposal I don’t think we can afford to dismiss the zoning code as bureaucratic paraphenalia. I say that because technically it’s our City Zoning Code that sets the table for what we want to happen in our community. Typically critics target City staff, maybe City Council or even the Planning and Zoning Commission members for considering the latest and greatest project proposal, but love it or hate it it’s really the Zoning Code that starts and finishes that discussion. Which is why the City staff, City Council and the Commission members are revisiting the Zoning Code to make sure it’s setting the table that we want to be sitting at.

The City’s Community Development Director, Gary Locke, and his staff have willingly offered to step out on the proverbial Zoning Code limb to see where it takes us and what it can support. It’s a laudable and mighty ambitous goal but it’s also a job that has to be done. Perhaps it would be easier to be like the monks and sit in the office writing and re-writing the Code in the sanctity of a sanctuary but that really misses the point. The Zoning Code may be enigmatic on paper but it’s very real in the real world.

Zoning Code review is a really big piece of pie so the staff is trying to break it down into bite size pieces. They’ve started a series of joint public meetings that will likely take us well into 2009 before we come up with a good sense of how well the Zoning Code serves the community’s goals and how we can make it better.

I think most people understand how zoning works and why it matters but like many things the devil is in the details. Unfortunately zoning speaks a legal language that doesn’t always translate all that well into common language so must of us glaze over with all the meets and bounds verbage. So the staff is trying to translate the technical jargon into its practical components.

To make sure the public is involved and able to track the progress of this effort we’ve created a new web link that is accessible in the blue navigational column (upper right) under Zoning Code Review (click here to go directly).

On the site you’ll find all of the reports, memos and maps. I thought I’d take an excerpt off of that site and share it below so that you have a sense of what this process is about and where it’s going.

At the previous Planning Commission meeting on September 16, 2008, at which the entirety of City Council was also in attendance, there was consensus that the City should begin to evaluate elements of its zoning code, including both the text of the code and the zoning map. I have had some time to give this more consideration and I have also received some input from Sean Kaine (Planning Commission) with some suggestions as to how we could proceed with this undertaking (thank you Sean).

Since this effort will involve dealing with both the text and the zoning map, it would seem most prudent to review the various elements of the text first and deal with the map changes second. It would appear that the entire process could take anywhere from a year to a year and a half. Should it be determined that there are critical elements of the code that need changed more quickly, the Commission and Council could put those changes through an amendment process during the review period rather than waiting until everything is done.

There are several considerations I would recommend in terms of the general evaluation of the text and map.

1) The goals and objectives set forth within the Bicentennial Plan.

2) An articulation of future land use objectives – where do we want to be “x” years from now?

To put the work in the proper perspective and to utilize some of the “planning” perspective that the Planning Commission has indicated its desire to discuss, I would recommend that this be done at the beginning of the process. I would also recommend, that we take the zoning text evaluation in blocks based on particular subject matter, rather than attempting to go through it chapter by chapter. I believe that discussion by subject will make the discussion more meaningful and easier to follow.

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Recommendations Concerning Comprehensive Zoning Code Review

With regard to Council participation, they may want to have some discussion on their own as to how they want to participate, however, I believe at the last meeting it was suggested that they would be kept informed of the process, the subject matter to be discussed at each meeting (the Planning Commission’s agenda is made available to them along with staff reports) and they could choose to participate in the discussions at the Planning Commission meetings as they desired. Council will be starting to deal with budgetary issues for next year during these last several months and much of their own meeting time will be consumed with that material. We can discuss this further with Council to see what their preferences may be. Other Boards and Commission could be invited to attend the Planning Commission meetings so as to facilitate their involvement and input.

Below, I have outlined a list of Sessions that we can put dates to and what could be discussed at each session.

Session #1 – General discussion of Land Use Goals for the community. This would include a discussion of the Bicentennial Plan and what the community’s future needs and desires are with regard to land use. What content of the current code is out of date or inconsistent with future goals or needs. Discussion of GIS capabilities & use.

Session #2 – If necessary, the discussion of land use goals could continue at this session. The bulk of this session would deal with Planning Commission and Board of Zoning Appeals procedures. Recommendations from the UDC can be evaluated as well as some of the more recent concerns.

Session #3 – Discussion of Zoning Code definitions. A considerable amount of time was put into working on the set of definitions that were outlined in the UDC effort and I don’t think a lot of work is needed here.

Session #4 – Discussion of Rooming Houses and or rental properties. This discussion would focus on how they are handled both within the zoning code and potentially outside of the zoning code. The regulation of these uses should be coordinated across city departments and should include discussion with Health Department / Health Board.

Session #5 – Discussion of Home Occupations and how we regulate Open Space. The latter issue and its discussion should evaluate where and how open space related to certain development projects is regulated. With regard to Home Occupations, how much latitude should such uses be given.

Session #9 – Zoning District Regulations for O-R District and Residential Districts. What types of uses should be permitted and conditionally permitted in each? Lot size and dimensional requirements. Map delineations will be discussed separately.

Session #10 – Zoning District Regulatios for Commercial, Industrial and any other Zoning Districts. What types of uses should be permitted and conditionally permitted in each? Lot size and dimensional requirements. Map delineations will be discussed separately.